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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.S. Shinde, Anoop Kumar Dhand, JJ.
Priyansha Gupta Daughter – Appellant
Versus
Union Of India – Respondent
D.B. Civil Writ Petition No. 10192/2022
Decided On : 15-07-2022
Service - Dasti Service - Notice to Respondents
Fact of the Case:
The petitioner sought permission for 'dasti' service and to serve a copy of the petition upon the Standing Counsels for respective respondents.
Finding of the Court:
The court issued notice to the respondents, permitted 'dasti' service, and granted liberty to the petitioner to serve a copy of the petition upon the Standing Counsels for respective respondents.
Issues: Permission for 'dasti' service and serving copy of the petition to Standing Counsels.
Ratio Decidendi: The court allowed 'dasti' service and granted liberty to the petitioner to serve a copy of the petition upon the Standing Counsels for respective respondents.
Final Decision: The court ordered notice to the respondents, permitted 'dasti' service, and granted liberty to the petitioner to serve a copy of the petition upon the Standing Counsels for respective respondents.
Key Points from the Legal Document:
The petitioner, Priyansha Gupta, sought permission for ''dasti'' service and to serve a copy of the petition upon the Standing Counsels for the respective respondents (!) [17000631700002][17000631700003].
The court issued notice to the respondents, permitted ''dasti'' service, and granted liberty to the petitioner to serve the petition upon the Standing Counsels (!) [17000631700002][17000631700003].
The matter was scheduled for further proceedings, with the next date set for 29.07.2022 (!) [17000631700004].
The legal principles emphasized include the importance of proper service of process and the court's authority to permit alternative service methods such as ''dasti'' service, as well as granting liberty to serve copies to designated legal representatives (Standing Counsels) (!) .
The court's decision underscores the importance of ensuring proper service to facilitate fair adjudication and procedural compliance in civil matters (!) .
ORDER
1. Heard petitioner in person.
2. Issue notice to the respondents, returnable on 29.07.2022.
3. In addition, 'dasti' service is permitted.
4. Liberty is also granted to the petitioner to serve a copy of the petition upon the Standing Counsels for respective respondents.
5. List on 29.07.2022.
The court's decision emphasized the importance of ensuring proper service and granting liberty to the petitioner for serving the petition upon the Standing Counsels.
The court emphasized the need to stay the High Court's judgment pending the appeal's consideration to ensure justice is served.
Procedural orders and permissions in civil writ petitions.
Court emphasizes procedural fairness and the importance of timely notice to all parties in interim relief applications.
The court has the discretion to grant permission to file a Special Leave Petition and to issue a stay on the order under challenge.
Granting permission to file a Special Leave Petition and allowing impleadment and Dasti service.
The court's decision was influenced by the acceptance of the learned Solicitor General and the direction to list the matter after service is complete on the respondents.
The court has the discretion to allow 'dasti' service for timely communication with the petitioner.
The court has the discretion to grant exemptions and stays based on the parties' applications and acceptance of waiver of formal notice.
The court considered the contents of the FIR and the petitioner's custody, and issued notice returnable on a specific date.
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